Man jailed five years for rape freed after girl says she lied
SEE ALSO :I'll not rearrest Keroche owners: DPPThe uncle would later be charged with defilement, and after a four-month trial, he was imprisoned for 20 years. AJC was jailed on September 12, 2014, following the testimony by the victim, named CSS. Four years later, the girl who is now 18, confessed to her mother and also wrote to the court that she fabricated lies against her uncle. “I testified in court and said that I would tell the truth. I was untruthful because I feared. I had been late in school and when I was asked where I was, I told a lie. If I had told the truth, I would have been beaten. It was the teacher who took the matter to the police. When I heard that A had been sentenced to 20 years, I felt very bad and that is why I called my mother. AJC has never defiled me,” her letter seen by The Standard read in part. AJC had paid the family a visit and had stayed for one day.
Risks jailJustice Muriithi, however, left the matter up to Director of Public Prosecutions Noordin Haji. “The complainant, on her admission before this court, lied in her testimony before the trial court, and in terms of section 19 (2) of the Oaths and Statutory Declarations Act committed an offence. The matter shall be reported to the DPP who, in exercise of the State’s prosecutorial powers under Article 157 of the Constitution, shall consider in his discretion whether to prosecute the complainant in this case who admitted to have lied as a minor before the trial court,” the judge ruled. She now risks two years in jail and a fine of Sh2,000, or both, according to the law governing oaths and testimonies before a judge or magistrate. The DPP did not oppose the girl’s desires to have her uncle set free.
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